Question 149.— A cheque is issued, having written across it the word "duplicate." If the bank should pay this what would be its duty as regards the original? Is the drawer liable on the original?

Answer.—While the mere issue of a duplicate cheque may or may not, according to the circumstances, be regarded as an order to the bank to stop payment of the original, it would certainly protect the bank from any liability to its customer if it should refuse payment of the original. A duplicate is, however, seldom used without notice being given stopping payment of the original. The drawer would undoubtedly be liable on the original to a holder in due course, hence a duplicate should not be issued without proper indemnity.